A MAN’S HOME IS HIS CASTLE: DO CIVILISED PEOPLE HAVE NEIGHBOUR DISPUTES?

Most people think that it will not happen to them. But it can and it does.

Music, boundaries, high hedges and trees, access to land, rights of way, fences and walls are just some of the issues that neighbours can fall out about.

Anybody can find themselves involved in a neighbour dispute. Whether you have been good friends and neighbours for many years, or if you have new neighbours, difficulties can arise at any time.

Talking about the problem and agreeing a solution is generally the most effective way to deal with the matter.

If you cannot resolve the matter then careful consideration will have to be given to how to proceed.

• Is there a compromise that will be acceptable to both parties?
• What are the legal rights and responsibilities of each party?
• What evidence is available?
• What remedy can the Court or Tribunal award? (Sometimes it will be a financial compensation only).
• Can you afford to take the matter further? Do you have any source of legal funding?

Playing music loudly might be dealt with by speaking to your neighbour and asking them to turn the volume down or not to play the music at all after a certain time. Any potential difficulty might be nipped in the bud there and then. Nothing more will be said about the matter.

If your neighbour needs to erect scaffolding to carry out building work you may have to agree to that. What if it would affect your light and views though? Would you still agree? Would the Court order you to allow your neighbour access regardless of your view?

If neighbours cannot resolve their differences then emotions can flare and matters can escalate very quickly. Nicholson Portnell can advise you about these and other Dispute Resolution and Litigation matters as well assess the most appropriate way in which to fund your legal fees.